I-864 RFE :(

[hon 0]

Good day to everyone!!!

I am a K-1 visa holder and entered US last december 21,2008 and got married dec 23,2008. We filed the AOS last February 2009 and unfortunately today I received RFE specifically on I-864 affidavit of support.

__________________________________________________________________

RFE letter:::::

The petitioners/sponsors income on the federal ITR does not meet/exceed 125%..the petitioner/sponsor lists their current income on form I-864 as an amount to be considered as sufficient however no evidence has been submitted as proof of current income.

Inorder to process your application further,submit evidence of the petitioners current income.such evidence should include:

*letter of employment,

*pay stubs or other docs of pay for the previous 6 months.

_____________________________________________________________________

My husbands annual income 39,000

household size 6 (includes my husbands 3 kids)

is it ppossible that any of our relatives who is willing and financially okey will sponsor me regardless of where they reside here in us??we are actually living in arkansas and we dont have any immediate relatives living with us here ,, most of our relatives are living in california,chicago,texas..we are actually given 3 months to comply or elsse my application will be denied...i really need ur help..thank u very much

[jhunjhun 7]

Good day to everyone!!!

I am a K-1 visa holder and entered US last december 21,2008 and got married dec 23,2008. We filed the AOS last February 2009 and unfortunately today I received RFE specifically on I-864 affidavit of support.

__________________________________________________________________

RFE letter:::::

The petitioners/sponsors income on the federal ITR does not meet/exceed 125%..the petitioner/sponsor lists their current income on form I-864 as an amount to be considered as sufficient however no evidence has been submitted as proof of current income.

Inorder to process your application further,submit evidence of the petitioners current income.such evidence should include:

*letter of employment,

*pay stubs or other docs of pay for the previous 6 months.

_____________________________________________________________________

My husbands annual income 39,000

household size 6 (includes my husbands 3 kids)

is it ppossible that any of our relatives who is willing and financially okey will sponsor me regardless of where they reside here in us??we are actually living in arkansas and we dont have any immediate relatives living with us here ,, most of our relatives are living in california,chicago,texas..we are actually given 3 months to comply or elsse my application will be denied...i really need ur help..thank u very much

It doesn't matter if your relatives lives in different states as long as his/her income must exceed the 125%.....good luck!

[hon 0]

thank you very much..

I do have another question, In form I-864 part 5 how do you count the sponsors household size??

In my case,,

*my husband (petitioner/sponsor)

*me(intending immigrnt)

*his 3 kids

is it 5??or 6??

[Nich-Nick 3,353]

__________________________________________________________________

RFE letter:::::

The petitioners/sponsors income on the federal ITR does not meet/exceed 125%..the petitioner/sponsor lists their current income on form I-864 as an amount to be considered as sufficient however no evidence has been submitted as proof of current income.

Inorder to process your application further,submit evidence of the petitioners current income.such evidence should include:

*letter of employment,

*pay stubs or other docs of pay for the previous 6 months.

_____________________________________________________________________

My husbands annual income 39,000

household size 6 (includes my husbands 3 kids)

For a household of 6, you need $36,912

This is what I think your RFE means:

The petitioners/sponsors income on the federal ITR does not meet/exceed 125%-- It sounds like the tax return you submitted did not show an adjusted gross income of at least $36,912

the petitioner/sponsor lists their current income on form I-864 as an amount to be considered as sufficient-- You probably filled in the blank on the form his current income of $39,000 which they say is enough to meet the requirement.

however no evidence has been submitted as proof of current income-- There is no proof of the $39,000 income. So they want you to send some additional evidence showing he makes $39K like a letter from his employer stating his yearly salary and photocopies of his 6 most recent paystubs. If you don't have paystubs, then maybe the payroll department could provide him with evidence of his last 6 payroll checks.

It doesn't sound like they want a co-sponsor. They just want you to prove the $39,000 in two more ways.

[Otto 83]

The RFE is asking for proof of the income stated on the tax return. What (exactly) was submitted with the I-864?

[TinTin and Samby 11]

The RFE is asking for proof of the income stated on the tax return. What (exactly) was submitted with the I-864?

Hi Karin and Otto, I think Nich-Nick has this right. The RFE is not asking for proof of income stated on the tax return. It is asking for proof of current income, which the OP listed as $39,000.

Regards,

Samby

[emma88 0]

your houshold size will be 5

it says in the form do no count any one twice...

[*Giuly and Rocky* 0]

I think they are asking for recent paystubs as proof of the income u have on your tax transcription. The household is of 5 people! =)

[Otto 83]

The RFE is asking for proof of the income stated on the tax return. What (exactly) was submitted with the I-864?

Hi Karin and Otto, I think Nich-Nick has this right. The RFE is not asking for proof of income stated on the tax return. It is asking for proof of current income, which the OP listed as $39,000.

Regards,

Samby

Either way - they want proof/evidence of income stated somewhere (either on the I-864 or on the tax return) - hard to say without the OP stating what exactly was submitted.

[hon 0]

thank you so much for all your response..so overwhelmed by the quick reply

I do have another question regarding the household size....my husband have 3 kids from his ex-wife...his ex wife holds the custody of his 3 children and of course my husband pays to support the kids. On the 2008 ITR his ex-wife claimed all his 3 children.while on the other hand, on our 2008 ITR I am the only dependent ---

my question is in the form I 864 affidavit of support what is our total household size,,

**is it 2 ???which is me(intending immigrant) and my husband (petitioner/sponsor)

**or its gonna be 5 that includes me,my husband and the 3 kids

Originally in our form I 864 --part 5 we write down 6 as our household size because guess what my husband counted me twice..he put 1 on #21a and another 1 on #21c,wew!!,we made a huge mistake in filling up the forms thats why we got an RFE and I'm kinda shamed of myself not knowing all this stuff but you know Im so desperate of all your help.and another thing how can we correct such wrongly counted household size???is it possible for us to make a separate letter stating the mistakes weve done???.thank you very much

[Nich-Nick 3,353]

You can fill out a new corrected I-864, send 2008 income tax and w2s, a letter from his employer, and 6 most recent pay stubs. You can write a cover letter explaining you have done a new I-864 because you mis-counted the household size and that the children are not living in the household and are not claimed by him for income tax purposes. And you submit all that with the RFE papers they sent so they match it up with your file. If he shows similar $30,000+ income for 2007 and 2006, then copies of those return would further show he doesn't claim the children and he has a stable income.

[hon 0]

thank u nick-nich for your reply

but I guess i missed some important information...yes his ex wife got the custody of the 3 kids and claimed them in 2008 ITR however the kids are living with us since december 08.and my husband is still paying child support. it really sucks!!!!I dont really understand and my husband have a definite plan to get the custody of the kids...so with this information at hand...do we need to include the 3 kids for our household size???so is it gonna be 5???or still be 2 regardless of where the kids resides,,,,...please i need some enlightenment..ty

[Nich-Nick 3,353]

I think the correct answer is your household size is 5. So still fill in a new I-864. Write a cover letter saying it is a corrected form because the immigrant was counted twice. He doesn't fill in the box for spouse since you've already been counted as the immigrant. Income needed $32,237.

And back to what I first said--they just need proof of his income with a letter from his employer and 6 recent pay stubs. They said the income shown on the tax return isn't sufficient, so in 2008 he must have not made $39k. If he has proof of that income, he's got to show them because the tax returns makes them doubt what he wrote on the form.

[Angela & Paul 12]

And you can use ASSETS to cover the difference to $39K per the instructions on the form and you have to send proofs of assets. Assets can be checking, savings, CD, 401K, stocks, real estate, expensive jewelry, 2nd vehicle (not the first one), etc...

[griz30 0]

I just recieved a RFE for my I-864, I know what I did wrong...I forgot to send my W-2's... Do I need to send another copy of the I-864 as well??